Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:25732
--1-- A.B.A. No. 4796 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4796 of 2025
---- Bhagirathi Sahu, aged about 59 years, S/o Late Ram Prasad, R/o village – Bhagidera, PO – Konbir, PS – Basia, District – Gumla, Jharkhand
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Kripa Shankar Nanda, Advocate
For the State
:- Mrs. Nehala Sharmin, Advocate
---- 02/27.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Basia P.S. Case No.40 of 2025, for the alleged offences registered under Sections 303(2) and 317(2) of Bharatiya Nyaya Sanhita, 2023, Rule 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017 pending in the Court of learned Additional Chief Judicial Magistrate, Gumla.
3.
Learned counsel appearing for the petitioner submits that the petitioner is the owner of JCB in question and the allegations are made that the said JCB was being used for loading the sand upon the trucks. He submits that the owner and drivers of the truck have already been granted anticipatory bail in ABA Nos.4579 of 2025 and 4273 of 2025.
2025:JHHC:25732
--2-- A.B.A. No. 4796 of 2025
4.
Learned counsel appearing for the State opposes the prayer and submits that the said JCB was being used for loading of sand.
5. Considering that the petitioner is the owner of JCB in question and the owner and drivers on which the sand were being loaded have already been granted anticipatory bail in ABA Nos.4579 of 2025 and 4273 of 2025, I am inclined to provide anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No.40 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Sangam/